Can tattoos be consider evidence of a crime the same as if a person makes a confession to the police? As a Massachusetts criminal defense lawyer, I would expect the judge to say that the tattoos cannot be admitted into evidence; however, this issue is before the Superior Court judge…
Massachusetts Criminal Defense Lawyer Blog
Field sobriety tests: are they reliable for OUI marijuana, Massachusetts SJC to hear argument next week
On January 6, 2017 the Massachusetts Supreme Judicial Court will hear oral arguments in the case of Commonwealth v. Thomas Gerhardt. This case raises the issue of whether field sobriety tests, which are routinely used to determine whether someone is under the influence of alcohol, can additionally be used to…
What to do if arrested for OUI in Massachusetts on New Year’s Eve?
DUI arrests on New Year’s Eve are often the result of polcie officers looking to make arrests; often police departments will receive extra grant money for New Year’s Eve. Some of those arrest will be drinking socially and not under the influence, but arrested anyway and will have…
SJC to decide whether Valor Act permits dismissal of Massachusetts OUI offense over the Prosecutor’s objection
The Massachusetts Supreme Judicial Court will hear oral argument tomorrow on the issue of whether the Valor Act permits a dismissal of an OUI charge over the prosecutor’s objection. The case that raised this issue is Commonwealth v. Joel Morgan, which was originally charged out of the Lowell District Court.…
Field Sobriety tests inadmissible for OUI marijuana in Massachusetts according to Worcester County Judge
The Massachusetts Supreme Judicial Court will review a decision from Judge DeAngelo out of the Worcester District Court holding that field sobriety tests are unreliable when attempting to determine if a driver is under the influence of marijuana. The case was argued once before at the SJC as Judge DeAngelo…
Compelling closing argument by defense in Justin Ross Harris Hot Car Murder Trial
There was no verdict in the Justin Ross Harris hot car death trial. Lawyers delivered closing arguments in the Justin Ross trial. The defense argued that it was an accident that Justin Ross left his infant son Cooper in a hot car that caused his death. Ross’ lawyer Maddox Kilgore…
High Profile Trials Begin for the Separate Police Shootings of 2 Black Motorists in 2015
Last week saw the start of two high-profile shooting cases, both involving white police officers being charged with the shooting of a black civilian during a traffic stop. Given the circumstances, the cases caught a lot of attention from the media when they individually occurred in 2015. Both incidents involve…
OUI case dismissed under no fix statute as motorist was not given a citation timely
Under Massachusetts OUI Law, a motorist must receive a citation immediately when being charged with OUI. In a case where a motorist is not placed under arrest, the citation provides notice to the motorist of the OUI charge. By not providing the citation immediately, A Massachusetts OUI lawyer can seek…
Trial of Justin Ross Harris begins in the hot car death of his 22 month-old son
The Murder trial of Justin Ross Harris will require the jury to piece together the circumstantial evidence of the prosecution and determine the intent of Harris, did he accidentally leave his son in the car as the defense content or was it intentionally, as the prosecution claims. Monday’s opening statements…
Cell phone search Violated Fourth Amendment Massachusetts SJC rules as officer must establish specific reason to support evidence of criminal activity on the cell phone
The Massachusetts Supreme Judicial Court has excluded evidence obtained from the cellphone of the defendant in Commonwealth v. Onyx White following the Boston Police’s failure to prove probable cause for the warrantless seizure of the phone. The court affirmed that the warrantless seizure of a cell phone in the robbery-homicide…